The Criminal Alien Program (CAP) is an expansive immigration enforcement program that leads to the initiation of removal proceedings in many cases. While CAP has existed in one form or another for decades, there is still much to be learned about the program, how it is organized, and how it works. What is known is that CAP extends to every area of the country and intersects with most state and local law enforcement agencies.
For years, the CAP program has operated with little public attention and many of its elements have only recently come to light following FOIA litigation against Immigration and Customs Enforcement (ICE). The information obtained through the lawsuit regarding CAP’s current organization and staffing suggests CAP is not a single program, but a loose-knit group of several different programs operating within ICE. Other than a small number of staff responsible for the administration of CAP at ICE headquarters, there is no dedicated CAP staff. Rather, ICE pulls personnel and resources from across the agency to perform CAP-related functions.
The ICE declarations and deposition also explain how CAP functions within prisons and jails. There appears to be little consistency in, and little or no policy governing, how CAP cooperates with state and local law enforcement agencies in different regions and in how CAP interacts with detainees in different facilities. Instead, CAP appears to function as an ad hoc set of activities that operate differently across the country and across penal institutions, raising questions about the adequacy of oversight, training, and accountability of the personnel implementing CAP.
This information confirms that there is still much about CAP that remains unknown or unclear. Given the breadth of CAP, the centrality of its role in immigration enforcement, and its large impact on the immigrant community, it is critical that ICE clarify how CAP operates.Read more...
Published On: Thu, Aug 01, 2013 | Download File